Vermont § 8103 - Notice to user or subscriber

§ 8103. Notice to user or subscriber

• (a) Except as otherwise provided in this section, a law enforcement officer who executes
  a warrant or obtains electronic information in an emergency pursuant to subdivision
  8102(b)(4) of this section shall serve upon, or deliver to by registered or first-class
  mail, electronic mail, or other means reasonably calculated to be effective, the identified
  targets of the warrant or emergency request a notice that informs the recipient that
  information about the recipient has been compelled or requested, and, if there was
  an emergency request, states with reasonable specificity the nature of the government
  action relative to which the information is sought. The notice shall include a copy
  of the warrant if a warrant was obtained. The notice shall be served, mailed, or delivered
  by reliable electronic means contemporaneously with the execution of the warrant,
  or, in the case of an emergency, within three days after obtaining the electronic
  information. (b)(1) When a warrant is sought or electronic information is obtained in an emergency under
  subdivision 8102(b)(4) of this title, the law enforcement officer may submit a request supported by a sworn affidavit
  for an order delaying the notification required by subsection (a) of this section
  and prohibiting any party providing information from notifying any other party that
  information has been sought. The court shall issue the order if it determines that
  there is reason to believe that notification may have an adverse result. The delay
  shall not exceed the period of time for which the court finds there is reason to believe
  that the notification may have the adverse result, and in no event shall the delay
  exceed 90 days. (2) The court may grant additional extensions of the delay for periods of up to 90 days
  each on the same grounds as provided for in subdivision (1) of this subsection. (3) When the delayed notification period expires, a law enforcement officer shall serve
  upon, or deliver to by registered or first-class mail, electronic mail, or reliable
  electronic means to the identified targets of the warrant: (A) the order for delayed notification; (B) a document that includes the information described in subsection (a) of this section;
  and (C) a copy of all electronic information obtained or a summary of that information, including,
  at a minimum: (i) the number and types of records disclosed; (ii) the date and time when the earliest and latest records were created; and (iii) a copy of the motion seeking delayed notification. (c) If there is no identified target of a warrant or emergency request at the time of
  its issuance, the government entity shall submit to the Department of Public Safety
  within three days of the execution of the warrant or issuance of the request all of
  the information required by subsection (a) of this section. If an order delaying notice
  is issued pursuant to subsection (b) of this section, the law enforcement officer
  shall submit to the Department upon the expiration of the delayed notification period
  all of the information required in subdivision (b)(3) of this section. The Department
  shall publish all reports required by this subsection on its Internet website within
  90 days of receipt. The Department shall redact names and other identifying information
  from the reports. (d) Except as otherwise provided in this section, nothing in this chapter shall prohibit
  or limit a service provider or any other party from disclosing information about any
  request or demand for electronic information. (e) For purposes of this chapter, a warrant served upon a service provider is deemed to
  have been executed no later than five days after the information or data compelled
  by the warrant has been produced by the service provider to a law enforcement officer. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)